ARCHIVED - Broadcasting Procedural Letter Addressed to Tony Porrello (Groupe V Média Inc. and MusiquePlus Inc.) and Kevin Goldstein (Bell TV)

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Ottawa, 25 October 2016

Mr. Tony Porrello
Executive Vice-President
Groupe V Média Inc. et MusiquePlus Inc.

Mr. Kevin Goldstein
Vice President – Content and Distribution, Regulatory Affairs
Bell TV

Dear Sirs:

Re: Part 1 application by MusiquePlus Inc. filed 25 October 2016 (Application 2016-1116-1)

We are in receipt of the Part 1 application filed on 25 October 2016 by MusiquePlus Inc. (MPI), on behalf of MusiquePlus and MusiMax (the services), regarding the proposed repackaging of the services by Bell Canada, Bell ExpressVu Limited Partnership and
Câblevision du Nord de Québec de Québec (collectively, Bell).

Section 15.01(1) of the Broadcasting Distribution Regulations states that:

During any dispute between a licensee and a person licensed to carry on a programming undertaking or the operator of an exempt programming undertaking concerning the carriage or terms of carriage of programming services or concerning any right or obligation under the Act, the licensee shall continue to distribute those programming services at the same rates and on the same terms and conditions as it did before the dispute.

The packaging of the services relates to the terms under which a programming service is carried by the broadcasting distribution undertaking. Compliance with the packaging provisions set out in the Wholesale Code, implemented via an order issued pursuant to section 9(1)(h) of the Broadcasting ActFootnote 1 , constitutes an obligation under the Broadcasting Act.

Accordingly, the standstill rule under section 15.01(1) applies in this case. Bell therefore should not make any changes to the existing packaging of the services, until an agreement settling the dispute is reached or until the Commission renders its decision in this matter.

In Broadcasting Regulatory Policy 2015-96, the Commission stated that the standstill rule should not be invoked lightly, nor be relied upon to grant an effective access right.  As a result, this application will be processed expeditiously according to the following deadlines. 

Interventions and Answer by Bell: 2 November 2016
Reply by MPI: 10 November 2016

A copy of this letter and all related correspondence will be added to the public record of the proceeding.


[Original signed by]

Julia Bresee
Senior Analyst, Alternative Dispute Resolution

cc. Serge Bellerose, Bellerose media-conseil inc., for MPI


Footnote 1

See Broadcasting Order CRTC 2015-439.

Return to footnote 1

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